TaiLexi AI U.S. Case Law

Cantrell & Cochrane, Ltd. v. Butler

CANTRELL & COCHRANE, Limited v. BUTLER

Cantrell & Cochrane, Ltd. v. Butler, 124 F. 290 (1903)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
U.S. Circuit Court for the District of Southern New York · Historical Federal Courts
Decided
July 21, 1903
Judges
Thomas
Citations
124 F. 2901903 U.S. App. LEXIS 4986
Headnotes
1. Labels — Simulation—Injunction. Where defendants, for tbe purpose of marketing tbeir goods, used a label in sucb similitude to plaintiff’s well-known label that it was at once calculated and intended to defraud both plaintiff and purchasers of the particular class of goods, and tbe differences in the labels were not sucb as would be recognized by ordinary inspection, plaintiff was entitled to enjoin the further use thereof. 2. Same — Differences. Conformity of one label to another sufficient to attract and deceive is not excused by ability to analyze tbe offending label, and point out differences which if known and recognized would avoid confusion, where the ensemble is sufficient to mislead the ordinary purchaser.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Thomas

Text extracted by OCR from a scanned original; check the original for exact wording.

THOMAS, District Judge.

The simulation of complainant’s label is obvious. It indicates intention to use complainant’s repútation for the purpose of marketing defendant’s goods. To attract attention, and to avert suspicion, or to confirm credence in his pretensions, defendant is using a label in such similitude to complainant’s well-known label that it can be differentiated only by greater attention and comparison than is bestowed by the usual customer. The label itself used by the defendant speaks and declares at once that it is calculated and intended to defraud both the complainant and purchasers, and its continued use would not accord with the demands of ordinary honor in trade. Conformity of one label to another sufficiently to attract' and deceive is not excused by ability to analyze the offending label and point out differences, which if known and recognized would avoid confusion. The ensemble does the mischief; the usual purchaser neither abstracts nor analyzes for the purposes of differentiation and judgment.

The motion for injunction is granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1911: 11920: 11922: 119112026peak 1911 · 1

Relies on it most ⓘ

  1. G. Heileman Brewing Co. v. Independent Brewing Co.191 F. 489 (9th Cir. 1911)
  2. McIlhenny Co. v. Bulliard265 F. 705 (W.D. La. 1920)
  3. Cantrell & Cochrane, Ltd. v. Hygeia Distilled Water Co.283 F. 400 (2d Cir. 1922)

Most recent

  1. Cantrell & Cochrane, Ltd. v. Hygeia Distilled Water Co.283 F. 400 (2d Cir. 1922)
  2. McIlhenny Co. v. Bulliard265 F. 705 (W.D. La. 1920)
  3. G. Heileman Brewing Co. v. Independent Brewing Co.191 F. 489 (9th Cir. 1911)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list